If you have been injured in an automobile accident that was not your fault, it is important to know about the NC Car Accident Injury Statute of Limitations. Many injured auto-accident victims believe they can file suit against the at-fault party at any time. Unfortunately, this is not the case.
How long is the NC Car Accident Injury Statute of Limitations?
There are many different types of personal injury cases. Each state has laws governing the various types of personal injury cases and how long an injured person has to file a lawsuit before the courts. The time limit varies from state to state. North Carolina is no exception. According to N.C.G.S.§1-52 (16), the general rule for filing a negligence action or personal injury case in North Carolina is three (3) years from the date of the accident. That means that if a person was involved in an auto-accident on February 1, 2018, that person has until February 1, 2021 to file a lawsuit for their personal injury claim. It does not matter if the person is still receiving medical treatment for their accident-related injuries or have not settled with the at-fault driver’s insurance company. This is an extremely important deadline that most North Carolina auto-accident victims are not aware of.
If an auto-accident victim waits too long before filing suit for their personal injury claim, then they will not be able to seek recovery from the court system and will receive nothing. However, there are some exceptions to the general three (3) year NC Car Accident Injury Statute of Limitations. This general rule does not apply to minor aged auto-accident victims or disabled victims by mental incompetence or insanity. It is also important to note that other personal injury cases such as medical malpractice, wrongful death, and NC workers’ compensation have different statutory deadlines for filing suit.
If you have been injured in a NC car accident which was not your fault, you need to take action as soon as possible to protect your rights. We represent car accident victims in Raleigh, Durham, Rocky Mount, Wilson, Smithfield, Louisburg, Chapel Hill, Roanoke Rapids and surrounding areas in North Carolina. Give us a call today for a free case evaluation, (919) 615-3095!